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HomeMy WebLinkAboutPC RES 3866RESOLUTION NO. 3866 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 02-038 AUTHORIZING CONSTRUCTION OF 6,940 SQUARE FOOT ADDITION TO AN EXISTING SHOPPING CENTER LOCATED AT 1212 IRVlNE BOULEVARD AND CONDITIONAL USE PERMIT 02-028 FOR SHARED PARKING FOR 125,458 SQUARE FEET OF EXISTING RETAIL BUILDINGS, A 6,060 SQUARE FOOT EXISTING FREESTANDING RESTAURANT BUILDING (162 SEATS), AND A 6,940 SQUARE FOOT ADDITION The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 02-038 and Conditional Use Permit 02-028 was filed by Pan Pacific requesting authorization to construct a 6,940 square foot addition to an existing shopping center and establish shared parking for 125,458 square feet of existing retail buildings, a 6,060 square foot existing freestanding restaurant building (162 seats), and a 6,940 square foot addition. S. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. Co Shared parking is permitted with approval of a conditional use permit pursuant to Section 9271aa of the Tustin City Code. D. That a public hearing was duly called, noticed, and held on said application on April 14, 2003, by the Planning Commission. E. Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing retail buildings of the shopping center with the use of an arched veranda, keystones at the parapet, a matching storefront, and features which are compatible with the setting and similar to other commercial uses in the area. In making such findings, the Commission has considered at least the following items: Resolution No. 3866 Page 2 , 2. 3. 4. 5. 6. , 10. 11. 12. 13. 14. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. F. That the establishment of shared parking in accordance with Tustin City Code Section 9271aa, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed addition complies with the development standards and requirements of the Retail Center (C-1) zoning district with the exception of parking for which a shared parking study has been submitted in accordance with Section 9271aa of Tustin City Code; The parking study concludes that the proposed 592 parking spaces would be adequate to serve the parking demand for all existing and proposed uses. During peak parking periods on Saturday and Wednesday evenings, 89 and 99 open spaces are anticipated to be available, respectively, which exceeds the maximum of forty-two parking spaces that would be required for the addition to be used for a retail use, restaurant use with a maximum of 126 seats, or a medical/dental office use; Shared parking within the center is distributed throughout the center and provides adequate and convenient access to all existing and proposed uses; and, Resolution No. 3866 Page 3 All shared parking is located on a single property under single ownership and a reciprocal access agreement is not required. O. This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 02-038 and Conditional Use Permit 02-028 to construct a 6,940 square foot addition to an existing shopping center and establish shared parking for 125,458 square feet of existing retail buildings, a 6,060 square foot existing freestanding restaurant building with 162 seats, and a 6,940 square foot addition at 1212 Irvine Boulevard, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of Apri~ ~_ .~~.~_. ~/ ~ L,.,I,I~D. A C: jEN~/J~S ~ _~_,~_~_ ~..,~,~, .~/_. ~ L;nairperson ~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3866 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL DESIGN REVIEW 02-038 AND CONDITIONAL USE PERMIT 02-028 APRIL 14, 2003 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 14, 2003, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless construction is on the way within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 02-038 and Conditional Use Permit 02-028 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Design Review 02-038 and Conditional Use Permit 02-028, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (s) (6) (?) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3866 April 14, 2003 Page 2 (***) 1.6 Conditional Use Permit 02-028 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, and Title 24 Energy Regulations. (1) 2.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. · Roofing material shall be fire rated class "B" or better. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. · Rooftop equipment shall be installed and maintained at least six (6) inches below the parapet so the equipment is not visible from the public right-of-way. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building, and shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Ordinance. · A letter of acceptance from Federal Disposal for the use of existing trash facilities. Any new trash enclosures shall be located to the rear of the center and constructed in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. 2.3 Prior to permit issuance, clearance from the Orange County Fire Authority is required. Provide information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. Exhibit A Resolution No. 3866 April 14, 2003 Page 3 (4) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (1) 2.5 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water, and electricity. · Three (3) copies of a precise soils report (less than one (1) year old) provided by a civil engineer. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. · Two (2) copies of Hydrology Report. (1) 2.6 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.7 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.8 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.9 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (1) 2.10 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review Exhibit A Resolution No. 3866 April 14, 2003 Page 4 cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. 2.11 Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. · -. ,- 2.12 The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 2.13 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.14 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. 2.15 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (3) 2.16 All new glass doors and windows, in or adjacent to doom, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. 2.17 At plan check, a site plan shall be provided that is consistent with information in the parking analysis, which includes the location and dimension of all parking spaces, including the parking spaces located to the rear of the buildings. A minimum thirty-six (36) foot driveway access shall be provided on the east. (*) 2.18 The existing painted masonry block wall that separates the commercial use from residential uses along the eastern property line shall be repaired in its entirety and raised to the height of six (6) foot eight (8) inches prior to issuance of a Certificate of Use and Occupancy for the addition. The block wall shall be maintained in a good condition at all times. Exhibit A Resolution No. 3866 April 14, 2003 Page 5 ARCHITECTURE (4) 3.'1 All exterior colors, materials and textures shall match the existing building and the approved plans. Compliance shall be subject to review and approval by the Community Development Department at final inspection. All exterior treatments must be coordinated with regard to color, materials, and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. (4) 3.2 Exact details of the exterior door/storefront shall be provided on the construction plans. (4) 3.3 All ground and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.6 All signs shall be consistent with the approved master sign program for the Tustin Heights Shopping Center. LANDSCAPING (1) 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. (1) 4.2 An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (1) 4.3 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, Exhibit A Resolution No. 3866 April 14, 2003 Page 6 weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. PUBLIC WORKS DEPARTMENT This development shall comply with all applicable provisions of the City of Tustin Water Quality ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5,2 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Use and Occupancy. 5.3 All existing sewer, domestic water, and storm drain service laterals shall be utilized. (1) 5.4 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least fifty 50 percent of the total waste generated by the project and shall consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; · Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; · Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; · Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; Exhibit A Resolution No. 3866 April 14, 2003 Page 7 Prior to issuance of a building permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least fifty (50) percent of the total waste anticipated to be generated by each tenant; and, Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of the adequate physical space to accommodate all planned tenant recycling programs. USE RESTRICTION (***) 6.1 Any changes to the approved shared parking study shall be submitted to the Public Works and Community Development Departments for review and approval. The submitted parking study received March 10, 2003, assumed 592 parking spaces (excluding parking at the rear of the building) and was determined to be sufficient for the existing 125,458 square foot retail building, and a 6,060 square foot restaurant with 162 seats, and the proposed 6,940 square feet of retail use, or 6,940 square feet of medical/dental office use, or 6,940 square feet of restaurant use (maximum 126 seats). 6.2 If in the future the City determines that a parking or circulation problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis or traffic study and bear all associated costs. If the study indicates that there is inadequate parking or a circulation problem, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. 6.3 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product, is prohibited. No more than four (4) video arcade games, virtual reality, or coin-token games shall be located in the interior of the premises. No games shall be located on the exterior of the premises. (1) 6.4 Exterior public pay telephones shall be prohibited, and any interior public pay telephones shall be programmed to prevent incoming calls. (1) 6.5 No outdoor storage shall be permitted except as approved by the Director of Community Development. Exhibit A Resolution No. 3866 April 14, 2003 Page 8 ORANGI= COUNTY FIRI= AUTHORITY (5) 7.1 Prior to issuance of a building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. A detailed site plan shall be submitted for review and approval. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Emergency Access." (5) 7.2 Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in the addition to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (5) 7.3 Prior to the issuance of a grading or building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." 8.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building Division plan check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c) Orange County Sanitation District No. 7 Sewer Connection Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $11,104. d) Payment of the Major Thoroughfare and Bridge Fees to the Public Works Department at the time a building permit is issued. The current fee is $22,902. e) School facilities fee to the Tustin Unified School District subject to Exhibit A Resolution No. 3866 April 14, 2003 Page 9 any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. f) New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. g) Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.